5 September 1997
Source:
http://www.access.gpo.gov/su_docs/aces/aaces002.html
Congressional Record: September 5, 1997 (Digest):
CONGRESSIONAL PROGRAM AHEAD
Week of September 8 through 13, 1997
[Excerpts]
House Committees
September 11, Subcommittee on Courts and Intellectual Property,
hearing on H.R. 2265, No Electronic Theft (NET) Act, and also on
electronic copyright piracy, 10 a.m., 2237 Rayburn.
[DOCID: f:h2265ih.txt]
105th CONGRESS
1st Session
H. R. 2265
To amend the provisions of titles 17 and 18, United States Code, to
provide greater copyright protection by amending criminal copyright
infringement provisions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 1997
Mr. Goodlatte (for himself, Mr. Coble, Mr. Frank of Massachusetts, and
Mr. Cannon) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the provisions of titles 17 and 18, United States Code, to
provide greater copyright protection by amending criminal copyright
infringement provisions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Electronic Theft (NET) Act''.
SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.
(a) Definition of Financial Gain.--Section 101 of title 17, United
States Code, is amended by inserting after the undesignated paragraph
relating to the term ``display'', the following new paragraph:
``The term `financial gain' includes receipt of anything of
value, including the receipt of other copyrighted works.''.
(b) Criminal Offenses.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
``(a) Criminal Infringement.--Any person who infringes a copyright
willfully either--
``(1) for purposes of commercial advantage or private
financial gain; or
``(2) by the reproduction or distribution, including by
electronic means, of 1 or more copies, of 1 or more copyrighted
works,
shall be punished as provided under section 2319 of title 18.''
(c) Limitation on Criminal Proceedings.--Section 507(a) of title
17, United States Code, is amended by striking ``three'' and inserting
``5''.
(d) Criminal Infringement of a Copyright.--Section 2319 of title
18, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (a) of this section'' and
inserting ``section 506(a)(1) of title 17''; and
(B) in paragraph (1)--
(i) by inserting ``including by electronic
means,'' after ``if the offense consists of the
reproduction or distribution,'';
(ii) by striking ``with a retail value of
more than $2,500'' and inserting ``which have a
total retail value of more than $5,000''; and
(iii) by adding ``and'' at the end; and
(2) by redesignating subsection (c) as subsection (e) and
inserting after subsection (b) the following:
``(c) Any person who commits an offense under section 506(a)(2) of
title 17--
``(1) shall be imprisoned not more than 3 years, or fined
in the amount set forth in this title, or both, if the offense
consists of the reproduction or distribution, including by
electronic means, during any 180-day period, of 10 or more
copies of 1 or more copyrighted works, which have a total
retail value of more than $5,000;
``(2) shall be imprisoned not more than 6 years, or fined
in the amount set forth in this title, or both, if the offense
is a second or subsequent offense under paragraph (1); and
``(3) shall be imprisoned not more than 1 year, or fined in
the amount set forth in this title, or both, in any other case.
``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
``(B) holders of intellectual property rights in such
works; and
``(C) the legal representatives of such producers, sellers,
and holders.''.
(e) Unauthorized Fixation and Trafficking of Live Musical
Performances.--Section 2319A of title 18, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Victim Impact Statement.--(1) During preparation of the
presentence report pursuant to Rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim, including the
estimated economic impact of the offense on that victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
``(B) holders of intellectual property rights in such
works; and
``(C) the legal representatives of such producers, sellers,
and holders.''.
(f) Trafficking in Counterfeit Goods or Services.--Section 2320 of
title 18, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate goods or services
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in such goods
or services; and
``(C) the legal representatives of such producers, sellers,
and holders.''.
(g) Directive to Sentencing Commission.--(1) Under the authority of
the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987)
and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101
Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the
sentencing guidelines and policy statements), the United States
Sentencing Commission shall ensure that the applicable guideline range
for a defendant convicted of a crime against intellectual property
(including offenses set forth at section 506(a) of title 17, United
States Code, and sections 2319, 2319A, and 2320 of title 18, United
States Code) is sufficiently stringent to deter such a crime and to
adequately reflect the additional considerations set forth in paragraph
(2) of this subsection.
(2) In implementing paragraph (1), the Sentencing Commission shall
ensure that the guidelines provide for consideration of the retail
value and quantity of the items with respect to which the crime against
intellectual property was committed.
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